Justices' Burden-Of-Proof Ruling Gives Licensees A Leg Up

By Ryan Davis

Law360, New York (January 22, 2014, 8:00 PM ET) -- Companies that want to challenge the validity of patents they have licensed were given a distinct advantage Wednesday by a U.S. Supreme Court decision that backed Medtronic Inc. and held that patent owners have the burden of proving infringement when licensees file declaratory judgment suits, attorneys say.

Siding with the medical device giant in a case in which it sued to challenge defibrillator patents it had licensed, the justices ruled in a unanimous decision that the Federal Circuit was wrong to set a rule that licensees have...